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The English Version of IRB Tax Audit Framework 2013

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TAX AUDIT FRAMEWORK<br />

INLAND REVENUE BOARD<br />

MALAYSIA Effective date: 01 April <strong>2013</strong><br />

1. INTRODUCTION<br />

1.1 A fair, transparent and equitable tax administration system will enhance<br />

public confidence in the tax system. Compliance with tax laws must be<br />

strictly enforced and tax <strong>of</strong>fences such as non-compliance and tax evasion<br />

should be penalized in accordance with the provisions <strong>of</strong> the Income <strong>Tax</strong><br />

Act 1967 (ITA).<br />

1.2 Under the Self-Assessment System, tax audit is a primary activity <strong>of</strong> the<br />

Inland Revenue Board <strong>of</strong> Malaysia (<strong>IRB</strong>M). It is aimed at enhancing<br />

voluntary compliance with the tax laws and regulations. A taxpayer can<br />

be selected for an audit at any time. However, it does not necessarily<br />

mean that a taxpayer who is selected for an audit has committed an<br />

<strong>of</strong>fence.<br />

1.3 This framework is issued by <strong>IRB</strong>M to ensure that tax audit is carried out in<br />

a fair, transparent and impartial manner. This framework outlines the<br />

rights and responsibilities <strong>of</strong> audit <strong>of</strong>ficers, taxpayers and tax agents in<br />

respect <strong>of</strong> a tax audit. Generally, this framework aims to:<br />

1.3.1 Assist audit <strong>of</strong>ficers to carry out their tasks efficiently and effectively;<br />

and<br />

1.3.2 Assist taxpayers in fulfilling their obligations.<br />

2. STATUTORY PROVISIONS<br />

2.1 <strong>The</strong> provisions <strong>of</strong> the ITA which are applicable to tax audits are as follows:<br />

2.1.1 Section 78: Power to call for specific returns and<br />

production <strong>of</strong> books.<br />

2.1.2 Section 79: Power to call for statement <strong>of</strong> bank<br />

accounts, etc.<br />

2.1.3 Section 80: Power <strong>of</strong> access to buildings and documents,<br />

etc.<br />

2.1.4 Section 81: Power to call for information.<br />

1

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